Kenner, LA asked in Car Accidents and Traffic Tickets for Texas

Q: Ticket issued I had no knowledge of and no responsibility for accident. What do I do? Requested court date to dispute

Ticket said I was following too close and I wasn't in the lane following anyone involved. First vehicle slowed. Vehicle behind him swerved in my lane to avoid hitting him but still hot him. I could not allow down to avoid hitting this driver that came into my lane. Officer said first driver and myself were free to go. and that second driver who served was at fault and would get the ticket. This happened on May 18. I just received a yellow postcard about an open case. A ticket in my name for following too close. I wasn't following. I believe this is an error and have requested a court date to dispute. What do you think? Has this happened before? Should I consult an attorney? I feel that I can explain my situation myself. It seems strange that i would have a ticket when I wasn't issued one and was told I was free to go.

2 Lawyer Answers

Peter N. Munsing

PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: You need to get a copy of the ticket, plead not guilty, see if there is a crash report, get the crash report. If you were hurt in the crash you may have a claim against swerving driver and need to consult a member of the Texas Trial Lawyers Assn--they give free consults. Do not give statements over the phone to the other insurance companies --just refer them to your company. If you gave a statement to your company, get a copy. If you didn't, wait until you speak with the lawyer.

Unless the cop will bargain it down to a no point, as it's usually a point ticket be worth it to get an attorney if you weren't hurt --look for one who handles tickets in the court where your case will be heard.

Jeffrey Joseph

Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Seems strange indeed. I would say Mr. Munsing's response is accurate. If the case is in Texas, you have a right to trial for tickets. By pleading not guilty you can go into a formal pre-trial hearing to discuss your case with a prosecutor. Hopefully that will resolve the issue.

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